France - Council of State, 17 March 2010, Mr. A., n°332585

Country of Decision:
Country of Applicant:
Date of Decision:
17-03-2010
Citation:
Conseil d’Etat, 17 mars 2010, M.A., n°332585
Court Name:
Council of State/Conseil d’Etat
National / Other Legislative Provisions:
France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law)
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Headnote: 

The failure to respect the procedural guarantees provided under Article 3.4 of the Dublin II Regulation constitutes a serious and manifestly illegal infringement of the right of asylum.

Facts: 

Mr. A. requested a temporary residence permit from the Prefecture in order to lodge an application for asylum to the French Office for the Protection of Refugees and Stateless Persons (Ofpra). In a decision dating from 16 September 2009, the Prefecture refused and decided to transfer him to Greece in accordance with the Dublin II Regulation. Under summary proceedings, the administrative tribunal rejected his claim to suspend this decision and to order the Prefecture to deliver him a temporary residence permit. Mr. A. requests the Council of State to quash the ordinance from the administrative tribunal and to make a decision about the case.

Decision & Reasoning: 

The Council of State decided to make a decision about the case under summary proceedings.

The Council of State recalled the provisions of Article 3.4 of the Dublin II Regulation which stipulates that “The asylum seeker shall be informed in writing in a language that he or she may reasonably be expected to understand regarding the application of this Regulation, its time limits and its effects”.

The Council of State stated that according to the case file, the applicant was not informed in writing in a language that he understood regarding the conditions of application of the regulation, its time limits and its effects. The Council of State therefore considered that by failing to enable the applicant to benefit from the procedural guarantees provided under Article 3.4 of the Dublin II Regulation, the Prefecture created a serious and manifestly illegal infringement of the right of asylum which constitutes a fundamental freedom.

Outcome: 

The ordinance of the administrative tribunal was quashed. The execution of the decision of the Prefecture which refused to deliver a temporary residence permit and which decided to transfer the applicant to Greece was suspended. The Council of State ordered the Prefecture to re-examine the request for a temporary residence permit within 15 days.